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Security Officers’ rate on the rise
30 August 2017 Employment

Security Officers’ rate on the rise

Earlier this week, the Department of Labour released a statement that the minimum wage for the Private Security Sector will increase by an average of 6,4% with effect from 1 September 2017 and the new Sectoral Determination will apply until 31 August 2018.

Grace Mugabe and diplomatic immunity
30 August 2017 Administrative & Public Law

Grace Mugabe and diplomatic immunity

There have been a number of comparisons made between South Africa’s failure to arrest President Omar al-Bashir and the decision to grant Zimbabwean First Lady Grace Mugabe diplomatic immunity in relation to the recent allegations of assault laid against her. This brief alert aims to set out the factual differences between these two situations without drawing any conclusions on the legal issues.

Key Changes to Preferential Procurement Law: Part 1
30 August 2017 Dispute Resolution

Key Changes to Preferential Procurement Law: Part 1

The first three key changes occasioned by the 2017 Preferential Procurement Regulations (Revised Regulations) pertain to the preference point system, the requirement of a market-related bid price and the requirement of sub-contracting as a tender condition.

Historical debts are just that – historical!
30 August 2017 Real Estate

Historical debts are just that – historical!

In the eagerly anticipated judgment of Jordaan and Others vs City of Tshwane Metropolitan Municipality and Others [2017] ZACC 31, the Constitutional Court upheld the constitutional validity of s118(3) of the Local Government: Municipal Systems Act, 2000 (Act) but declared that upon transfer of a property, a new owner is not liable for the historical debts of the previous owners arising before transfer from the charge upon the property under s118(3).

Margin requirements for OTC derivatives - 8 September 2017 deadline
28 August 2017 Finance & Banking

Margin requirements for OTC derivatives - 8 September 2017 deadline

Banks, financial institutions and other over-the-counter derivatives providers (ODPs) have until 8th September 2017 to submit comments on the latest margin requirements for non-centrally cleared OTC derivatives published under the auspices of the Financial Markets Act, No 19 of 2002 (Margin Requirements).

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Court dismisses defamation claim against SAHIVCS and affirms important watchdog role
23 March 2017 Pro Bono & Human Rights

Court dismisses defamation claim against SAHIVCS and affirms important watchdog role

On 15 March 2017, judgment was handed down in the Johannesburg High Court in a matter in which Cliffe Dekker Hofmeyr’s Pro Bono and Human Rights Practice assisted the Southern African HIV Clinicians Society (SAHIVCS/ the Society), on a pro bono basis, to defend a defamation application launched against it by a doctor who had developed and marketed a sexual lubricant gel described as “Dr Hugh Dermo Blue Pre-Sex Protection Gel.”

From Paris to Pretoria: High Court adjudicates on climate change for the first time
22 March 2017 Environmental

From Paris to Pretoria: High Court adjudicates on climate change for the first time

Since the Paris Agreement was adopted by the Conference of the Parties to the United Nations Framework Convention on Climate Change in December 2015, developers have been grappling with the potential implications the global commitment to combat climate change could have on their businesses. The Paris Agreement is hallmarked as the first-ever universal, legally binding global climate deal that seeks to accelerate the reduction in global greenhouse gas emissions (GHG).

Enforcing ICC witness protection obligations: Part 1
22 March 2017 Dispute Resolution

Enforcing ICC witness protection obligations: Part 1

Where there is a duty to cooperate under the Rome Statute of the International Criminal Court (Rome Statute), but a state has adopted a position of contempt, there must be some enforcement mechanism to ensure cooperation in respect of witness protection.

Mining rights safe from land restitution claims
22 March 2017 Administrative & Public Law

Mining rights safe from land restitution claims

Earlier this year, the Constitutional Court issued an order in Macassar Land Claims Committee v Maccsand CC and Others, bringing to a close years of litigation that threatened the security and stability of mining rights granted under the Mineral and Petroleum Resources Development Act (MPRDA).

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Downfall by
2 February 2008 Dispute Resolution

Downfall by "Domicilium"

It is common practice to include a domicilium address where service of notices may be delivered.

Mother in law to the rescue?
2 February 2008 Dispute Resolution

Mother in law to the rescue?

Christos Costas had two substantial judgements granted against him. He decided to sell his holiday home in Cape Town.

A name is worth a thousand suits
1 February 2008 Dispute Resolution

A name is worth a thousand suits

The Supreme Court of Appeal recently handed down a decision confirming that a name can be protected against any unauthorised use or publication.

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Tax Law Amendment Act
16 May 2016 Tax & Exchange Control

Tax Law Amendment Act

The ministry of finance says that the 2015 Tax Law Amendment Act provisions relating to retirement will come into force on 1 March 2016, however the annuitization requirement for provident fund will be postponed to the 1 March 2018 but some tax experts are concerned that the delays will hit consumers in the long term. Ruaan van Eeden, director in the Tax and Exchange Control practice explains the implications of this latest development.

Johan Jacobs talks about the budget speech
16 May 2016 Trusts & Estates

Johan Jacobs talks about the budget speech

Johann Jacobs, national practice head and director in the Trust and Estates practice talks about the budget speech which was delivered by the finance minister from trusts tax perspective.

Employment tax incentives
10 March 2016 Tax & Exchange Control

Employment tax incentives

Nicole Paulsen, associate in the Tax and Exchange Control practice speaks about employment tax incentives and how it expires.